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1
    AN ACT concerning education.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The School Code is amended  by changing Section 
5
5-1 as follows:
 



6
    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)



7
    Sec. 5-1. County school units. 

8
    (a) The territory in each county, exclusive of
any school 
9
district governed by any special act which requires the 
10
district
to appoint its own school treasurer, shall constitute 
11
a county school unit.
County school units of less than 
12
2,000,000 inhabitants shall be known as
Class I county school 
13
units and the office of township trustees, where
existing on 
14
July 1, 1962, in such units shall be abolished on that date and

15
all books and records of such former township trustees shall be 
16
forthwith
thereafter transferred to the county board of school 
17
trustees. County
school units of 2,000,000 or more inhabitants 
18
shall be known as Class II
county school units and shall retain 
19
the office of township trustees
unless otherwise provided in 
20
subsection (b) or (c).

21
    (b) Notwithstanding subsections (a) and (c), the
school 
22
board of any elementary school district having a fall, 1989

23
aggregate enrollment of at least 2,500 but less than 6,500 
 


 






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pupils and
having boundaries that are coterminous with the 
2
boundaries of a high school
district, and the school board of 
3
any high school district having a fall,
1989 aggregate 
4
enrollment of at least 2,500 but less than 6,500 pupils and

5
having boundaries that are coterminous with the boundaries of 
6
an elementary
school district, may, whenever the territory of 
7
such school district forms
a part of a Class II county school

8
unit, by proper resolution withdraw such school district from 
9
the
jurisdiction and authority of the trustees of schools of 
10
the township in
which such school district is located and from 
11
the jurisdiction and
authority of the township treasurer in 
12
such Class II county school unit;
provided that the school 
13
board of any such school district shall, upon the
adoption and 
14
passage of such resolution, thereupon elect or appoint its own

15
school treasurer as provided in Section 8-1.  Upon the adoption 
16
and passage
of such resolution and the election or appointment 
17
by the school board of
its own school treasurer: (1) the 
18
trustees of schools in such township
shall no longer have or 
19
exercise any powers and duties with respect to the
school 
20
district governed by such school board or with respect to the 
21
school
business, operations or assets of such school district; 
22
and (2) all books
and
records of the township trustees relating 
23
to the school business and
affairs of such school district 
24
shall be transferred and delivered to the
school board of such 
25
school district.  Upon the effective date of this
amendatory Act 
26
of 1993, the legal title to, and all right, title
and interest

 


 






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formerly held by the township trustees in any school buildings 
2
and
school sites
used and occupied by the school board of such 
3
school district for school
purposes, that legal title, right, 
4
title and interest thereafter having
been transferred to and 
5
vested in the regional
board
of school trustees under P.A. 
6
87-473 until the abolition of that regional
board of school 
7
trustees by P.A. 87-969, shall be deemed transferred by

8
operation of law to and shall vest in the school board of that 
9
school
district.

10
    Notwithstanding subsections (a) and (c), the school boards 
11
of Oak Park & River Forest District 200, Oak Park Elementary 
12
School District 97, and River Forest School District 90 may, by 
13
proper resolution, withdraw from the jurisdiction and 
14
authority of the trustees of schools of Proviso and Cicero 
15
Townships and the township treasurer, provided that the school 
16
board shall, upon the adoption and passage of the resolution, 
17
elect or appoint its own school treasurer as provided in 
18
Section 8-1 of this Code.  Upon the adoption and passage of the 
19
resolution and the election or appointment by the school board 
20
of its own school treasurer: (1) the trustees of schools in the 
21
township or townships shall no longer have or exercise any 
22
powers or duties with respect to the school district or with 
23
respect to the school  business, operations, or assets of the 
24
school district; (2) all books and records of the  trustees of 
25
schools and all moneys, securities, loanable funds, and other 
26
assets relating to the school business and affairs of the 
 


 






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school district shall be transferred and delivered to the 
2
school board; and (3) all legal title to and all right, title, 
3
and interest formerly held by the trustees of schools in any 
4
common school lands, school buildings, or school sites used and 
5
occupied by the school board and all rights of property and 
6
causes of action pertaining to or constituting a part of the 
7
common school lands, buildings, or sites shall be deemed 
8
transferred by operation of law to and shall vest in the school 
9
board.

10
    Notwithstanding subsections (a) and (c), the respective 
11
school boards of Berwyn North School District 98, Berwyn South 
12
School District 100, Cicero School District 99, and J.S. Morton 
13
High School District 201 may, by proper resolution, withdraw 
14
from the jurisdiction and authority of the trustees of schools 
15
of Cicero Township and the township treasurer, provided that 
16
the school board shall, upon the adoption and passage of the 
17
resolution, elect or appoint its own school treasurer as 
18
provided in Section 8-1 of this Code.  Upon the adoption and 
19
passage of the resolution and the election or appointment by 
20
the school board of its own school treasurer: (1) the trustees 
21
of schools in the township shall no longer have or exercise any 
22
powers or duties with respect to the school district or with 
23
respect to the school  business, operations, or assets of the 
24
school district; (2) all books and records of the  trustees of 
25
schools and all moneys, securities, loanable funds, and other 
26
assets relating to the school business and affairs of the 
 


 






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school district shall be transferred and delivered to the 
2
school board; and (3) all legal title to and all right, title, 
3
and interest formerly held by the trustees of schools in any 
4
common school lands, school buildings, or school sites used and 
5
occupied by the school board and all rights of property and 
6
causes of action pertaining to or constituting a part of the 
7
common school lands, buildings, or sites shall be deemed 
8
transferred by operation of law to and shall vest in the school 
9
board.

10
    (c) Notwithstanding the provisions of subsection (a), the 
11
offices of
township treasurer and trustee of schools of any 
12
township located in a Class
II county school unit shall be 
13
abolished as provided in this subsection
if all of the 
14
following conditions are met:


15
        (1) During the same 30 day period, each school board of 
16
    each
elementary and unit school district that is subject to 
17
    the jurisdiction and
authority of the township treasurer 
18
    and trustees of schools of the township
in which those 
19
    offices are sought to be abolished gives written notice by

20
    certified mail, return receipt requested to the township 
21
    treasurer and
trustees of schools of that township of the 
22
    date of a meeting of the school
board, to be held not more 
23
    than 90 nor less than 60 days after the date
when the 
24
    notice is given, at which meeting the school board is to 
25
    consider
and vote upon the question of whether there shall 
26
    be submitted to the
electors of the school district a 
 


 






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    proposition to abolish the offices of
township treasurer 
2
    and trustee of schools of that township.  None of the

3
    notices given under this paragraph to the township 
4
    treasurer and trustees
of schools of a township shall be 
5
    deemed sufficient or in compliance with
the requirements of 
6
    this paragraph unless all of those notices are given
within 
7
    the same 30 day period.


8
        (2) Each school board of each elementary and unit 
9
    school district that
is subject to the jurisdiction and 
10
    authority of the township treasurer and
trustees of schools 
11
    of the township in which those offices are sought to
be 
12
    abolished, by the affirmative vote of at least 5 members of 
13
    the school
board at a school board meeting of which notice 
14
    is given as required by
paragraph (1) of this subsection, 
15
    adopts a resolution requiring the
secretary of the school 
16
    board to certify to the proper election authorities
for 
17
    submission to the electors of the school district at the 
18
    next
consolidated election in accordance with the general

19
    election law a
proposition to abolish the offices of 
20
    township treasurer and trustee of
schools of that township. 
21
    None of the resolutions adopted under this
paragraph by any 
22
    elementary or unit school districts that are subject to
the 
23
    jurisdiction and authority of the township treasurer and 
24
    trustees of
schools of the township in which those offices 
25
    are sought to be abolished
shall be deemed in compliance 
26
    with the requirements of this paragraph or
sufficient to 
 


 






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    authorize submission of the proposition to abolish those

2
    offices to a referendum of the electors in any such school 
3
    district unless
all of the school boards of all of the 
4
    elementary and unit school districts
that are subject to 
5
    the jurisdiction and authority of the township
treasurer 
6
    and trustees of schools of that township adopt such a 
7
    resolution
in accordance with the provisions of this 
8
    paragraph.


9
        (3) The school boards of all of the elementary and unit 
10
    school
districts that are subject to the jurisdiction and 
11
    authority of the
township treasurer and trustees of schools 
12
    of the township in which those
offices are sought to be 
13
    abolished submit a proposition to abolish the
offices of 
14
    township treasurer and trustee of schools of that township 
15
    to
the electors of their respective school districts at the 
16
    same consolidated
election in accordance with the general 
17
    election law, the ballot in each
such district to be in 
18
    substantially the following form:

19
    -------------------------------------------------------------

20

OFFICIAL BALLOT


21
            Shall the offices of township

22
            treasurer and                       YES

23
            trustee of                      -----------------

24
            schools of Township .....           NO

25
            Range ..... be abolished?

26
    -------------------------------------------------------------


 


 






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        (4) At the consolidated election at which the

2
    proposition to abolish
the offices of township treasurer 
3
    and trustee of schools of a township is
submitted to the 
4
    electors of each elementary and unit school district that

5
    is subject to the jurisdiction and authority of the 
6
    township treasurer and
trustee of schools of that township, 
7
    a majority of the electors voting on
the proposition in 
8
    each such elementary and unit school district votes in

9
    favor of the proposition as submitted to them.

10
    If in each elementary and unit school district that is 
11
subject to the
jurisdiction and authority of the township 
12
treasurer and trustees of
schools of the township in which 
13
those offices are sought to be abolished a
majority of the 
14
electors in each such district voting at the consolidated

15
election on the proposition to abolish the offices of township 
16
treasurer
and trustee of schools of that township votes in 
17
favor of the proposition
as submitted to them, the proposition 
18
shall be deemed to have passed; but
if in any such elementary 
19
or unit school district a majority of the
electors voting on 
20
that proposition in that district fails to vote in favor
of the 
21
proposition as submitted to them, then notwithstanding the vote 
22
of
the electors in any other such elementary or unit school 
23
district on that
proposition the proposition shall not be 
24
deemed to have passed in any of
those elementary or unit school 
25
districts, and the offices of township
treasurer and trustee of 
26
schools of the township in which those offices
were sought to 
 


 






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be abolished shall not be abolished, unless in each of those

2
elementary and unit school districts remaining subject to the 
3
jurisdiction
and authority of the township treasurer and 
4
trustees of schools of that
township proceedings are again 
5
initiated to abolish those offices and all
of the proceedings 
6
and conditions prescribed in paragraphs (1) through (4)
of this 
7
subsection are repeated and met in each of those elementary and

8
unit school districts.

9
    Notwithstanding the foregoing provisions of this Section 
10
or any other
provision of the School Code, the offices of 
11
township treasurer and trustee of
schools of a township that 
12
has a population of less than 200,000 and that
contains a unit 
13
school district and is located in a Class II county school unit

14
shall also be
abolished as provided in this subsection if all 
15
of the conditions set forth in
paragraphs (1), (2), and (3) of 
16
this subsection are met
and if the following additional 
17
condition is met:


18
        The electors in all of the school districts subject to 
19
    the jurisdiction and
authority of the township treasurer 
20
    and trustees of schools of the township in
which those 
21
    offices are sought to be abolished shall vote at the

22
    consolidated
election on the proposition to abolish the 
23
    offices of township treasurer and
trustee of schools of 
24
    that township.  If a majority of the electors in all of
the 
25
    school districts combined voting on the proposition vote in 
26
    favor of the
proposition, then the proposition shall be 
 


 






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    deemed to have passed; but if a
majority of the electors 
2
    voting on the proposition in all of the school
district 
3
    fails to vote in favor of the proposition as submitted to 
4
    them, then
the proposition shall not be deemed to have 
5
    passed and the offices of township
treasurer and trustee of 
6
    schools of the township in which those offices were
sought 
7
    to be abolished shall not be abolished, unless and until 
8
    the proceedings
detailed in paragraphs (1) through (3) of 
9
    this subsection and the conditions
set forth in this 
10
    paragraph are met.

11
    If the proposition to abolish the offices of township 
12
treasurer and
trustee of schools of a township is deemed to 
13
have passed at the
consolidated election as provided in this 
14
subsection,
those offices shall be
deemed abolished by 
15
operation of law effective on January 1
of the
calendar year 
16
immediately following the calendar year in which that

17
consolidated election is held, provided that if after the

18
election, the trustees of schools by resolution elect to 
19
abolish the offices of
township treasurer and trustee of 
20
schools effective on July 1 immediately
following the election, 
21
then the offices shall be abolished on July 1
immediately 
22
following the election.
On the date that
the offices of 
23
township treasurer and trustee of schools of a
township are 
24
deemed abolished by operation of law, the school board of each

25
elementary and unit school district and the school board of 
26
each high
school district that is subject to the jurisdiction 
 


 






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and authority of the
township treasurer and trustees of schools 
2
of that township at the time
those offices are abolished: (i) 
3
shall appoint its own school treasurer as
provided in Section 
4
8-1; and (ii) unless the term of the contract of a
township 
5
treasurer expires on the date that the office of township

6
treasurer is abolished, shall pay to the former township 
7
treasurer its
proportionate share of any aggregate 
8
compensation that, were the office of
township treasurer not 
9
abolished at that time, would
have been payable to the former 
10
township treasurer after that date over the
remainder of the 
11
term of the contract of the former township treasurer that

12
began prior to but ends after that date. In addition, on the 
13
date that the offices of township treasurer and trustee of

14
schools of a township are deemed abolished as provided in this 
15
subsection,
the school board of each elementary school, high 
16
school and unit school
district that until that date is subject 
17
to the jurisdiction and authority
of the township treasurer and 
18
trustees of schools of that township shall be
deemed by 
19
operation of law to have agreed and assumed to pay and, when

20
determined, shall pay to the Illinois Municipal Retirement
Fund 
21
a proportionate share of the unfunded liability existing in 
22
that Fund
at the time these offices are abolished in that

23
calendar year for all annuities or other benefits then or

24
thereafter to become payable from that Fund with respect to all 
25
periods of
service performed prior to that date as a 
26
participating employee in that
Fund by persons serving during 
 


 






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those periods of service as a trustee of
schools, township 
2
treasurer or regular employee in the office of the
township 
3
treasurer of that township.  That unfunded liability shall be

4
actuarially determined by the board of trustees of the Illinois 
5
Municipal
Retirement Fund, and the board of trustees shall 
6
thereupon notify each
school board required to pay a 
7
proportionate share of that unfunded
liability of the aggregate 
8
amount of the unfunded liability so determined.
The amount so 
9
paid to the Illinois Municipal Retirement Fund by each of
those 
10
school districts shall be credited to the account of the 
11
township in
that Fund. For each elementary school, high school 
12
and unit school district
under the jurisdiction and authority 
13
of a township treasurer and trustees
of schools of a township 
14
in which those offices are abolished as provided
in this 
15
subsection, each such district's proportionate share of the

16
aggregate compensation payable to the former township 
17
treasurer as provided
in this paragraph and each such 
18
district's proportionate share of the
aggregate amount of the 
19
unfunded liability payable to the Illinois
Municipal 
20
Retirement Fund as provided in this paragraph shall be computed

21
in accordance with the ratio that the number of pupils in 
22
average daily
attendance in each such district as reported in 
23
schedules prepared under
Section 24-19 for the school year last 
24
ending prior to the date on which
the offices of township 
25
treasurer and trustee of schools of that township
are abolished 
26
bears to the aggregate number of pupils in average daily

 


 






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attendance in all of those districts as so reported for that 
2
school year.

3
    Upon abolition of the offices of township treasurer and 
4
trustee of
schools of a township as provided in this 
5
subsection: (i) the regional
board of school trustees, in its 
6
corporate capacity, shall be deemed the
successor in interest 
7
to the former trustees of schools of that township
with respect 
8
to the common school lands and township loanable funds of the

9
township; (ii) all right, title and interest existing or vested 
10
in the
former trustees of schools of that township in the 
11
common school lands and
township loanable funds of the 
12
township, and all records, moneys,
securities and other assets, 
13
rights of property and causes of action
pertaining to or 
14
constituting a part of those common school lands or
township 
15
loanable funds, shall be transferred to and deemed vested by

16
operation of law in the regional board of school trustees, 
17
which shall hold
legal title to, manage and operate all common 
18
school lands and township
loanable funds of the township, 
19
receive the rents, issues and profits
therefrom, and have and 
20
exercise with respect thereto the same powers and
duties as are 
21
provided by this Code to be exercised by regional boards of

22
school trustees when acting as township land commissioners in 
23
counties
having at least 220,000 but fewer than 2,000,000 
24
inhabitants; (iii) the
regional board of school trustees shall 
25
select to serve as its treasurer
with respect to the common 
26
school lands and township loanable funds of the
township a 
 


 






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person from time to time also serving as the appointed school

2
treasurer of any school district that was subject to the 
3
jurisdiction and
authority of the township treasurer and 
4
trustees of schools of that
township at the time those offices 
5
were abolished, and the person selected
to also serve as 
6
treasurer of the regional board of school trustees shall
have 
7
his compensation for services in that capacity fixed by the 
8
regional
board of school trustees, to be paid from the township 
9
loanable funds, and
shall make to the regional board of school 
10
trustees the reports required to be
made by treasurers of 
11
township land commissioners, give bond as required by

12
treasurers of township land commissioners, and perform the 
13
duties and
exercise the powers of treasurers of township land 
14
commissioners; (iv) the
regional board of school trustees shall 
15
designate in the manner provided by
Section 8-7, insofar as 
16
applicable, a depositary for its treasurer, and the
proceeds of 
17
all rents, issues and profits from the common school lands and

18
township loanable funds of that township shall be deposited and 
19
held in the
account maintained for those purposes with that 
20
depositary and shall be
expended and distributed therefrom as 
21
provided in Section 15-24 and other
applicable provisions of 
22
this Code; and (v) whenever there is vested in the
trustees of 
23
schools of a township at the time that office is abolished

24
under this subsection the legal title to any school buildings 
25
or school
sites used or occupied for school purposes by any 
26
elementary school, high
school or unit school district subject 
 


 






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to the jurisdiction and authority of
those trustees of school 
2
at the time that office is abolished, the legal
title to those 
3
school buildings and school sites shall be deemed
transferred 
4
by operation of law to and invested in the
school board of that 
5
school district, in its corporate
capacity Section 7-28, the

6
same to be held, sold, exchanged leased or otherwise 
7
transferred in
accordance with applicable provisions of this 
8
Code.

9
    Notwithstanding Section 2-3.25g of this Code, a waiver of a 
10
mandate
established under this Section may not be requested.

11
(Source: P.A. 94-1078, eff. 1-9-07.)

 

12
    Section 99. Effective date. This Act takes effect upon 
13
becoming law.